Unfair Dismissal Cases In Malaysia

This is especially true of cases relating to retrenchment for example in award no.

Unfair dismissal cases in malaysia. The processing of these individual disputes may cause a strain on the resources and time of the ird and the minister of human resources and proponents of reform have argued that there is a case for abolishing the conciliation process and allowing employees to lodge unfair dismissal claims directly at the industrial court. In 2016 alone 1 226 out of the 1 340 cases brought to the court were related to unfair dismissals with about rm21 841 008 awarded against firms. Over the years there has been a heightened awareness about employee rights in malaysia. In holding their dismissal to be without just cause or excuse the industrial court awarded the claimants compensation in lieu of reinstatement at the rate of two.

Nevertheless there are many misconceptions that have not been corrected. Imagine a situation where a highly paid and senior employee is dismissed after 10 years of service the maximum exposure for the employer would be up to 34 months of his last drawn salary and could therefore run into hundreds of thousands of ringgit. The number of claimants of unfair dismissal is shown in table 4. Why do constructive dismissal cases happen.

Service sdn bhd v industrial court of malaysia anor 3 the dismissal of the claimants was tainted with the motive of victimisation and unfair labour practice. 83 89 there were 19. An employee has 60 days from the date of dismissal to file a complaint of unfair dismissal pursuant to section 20 of the industrial relations act 1967. For instance eight out of every ten case received by the industrial court in malaysia borders on wrongful dismissals.

The dismissal is constructed out of the negative behaviour of your employer. Many employers are aware that unfair dismissal can lead to court cases. The total number of claimants exceed the number of cases heard because in many instances a group of workers are involved. There is a limitation period to file a complaint of unfair dismissal.

Unfair dismissal of employee or termination of employment in malaysia. Here are a few salient points about unfair dismissal law in malaysia.